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Iowa Code (Last Updated: December 05, 2016) |
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Title XVI. CRIMINAL LAW AND PROCEDURE |
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Chapter 901. JUDGMENT AND SENTENCING PROCEDURES |
Section 901.3. Presentence investigation report.
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1. If a presentence investigation is ordered by the court, the investigator shall promptly inquire into all of the following:
a. The defendant’s characteristics, family and financial circumstances, needs, and potentialities.
b. The defendant’s criminal record and social history.
c. The circumstances of the offense.
d. The time the defendant has been in detention.
e. The harm to the victim, the victim’s immediate family, and the community. Additionally, the presentence investigator shall provide a victim impact statement form to each victim, if one has not already been provided, and shall file the completed statement or statements with the presentence investigation report.
f. The defendant’s potential as a candidate for the community service sentence program established pursuant to section 907.13.
g. Any mitigating circumstances relating to the offense and the defendant’s potential as a candidate for deferred judgment, deferred sentencing, a suspended sentence, or probation, if the defendant is charged with or convicted of assisting suicide pursuant to section 707A.2.
h. Whether the defendant has a history of mental health or substance abuse problems. If so, the investigator shall inquire into the treatment options available in both the community of the defendant and the correctional system.
2. All local and state mental and correctional institutions, courts, and police agencies shall furnish to the investigator on request the defendant’s criminal record and other relevant information. The originating source of specific mental health or substance abuse information including the histories, treatment, and use of medications shall not be released to the presentence investigator unless the defendant authorizes the release of such information. If the defendant refuses to release the information, the presentence investigator may note the defendant’s refusal to release mental health or substance abuse information in the presentence investigation report and rely upon other mental health or substance abuse information available to the presentence investigator. With the approval of the court, a physical examination or psychiatric evaluation of the defendant may be ordered, or the defendant may be committed to an inpatient or outpatient psychiatric facility for an evaluation of the defendant’s personality and mental health. The results of any such examination or evaluation shall be included in the report of the investigator.
[C75, 77, §789A.4; C79, 81, §901.3;
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